Showing posts with label Appeal. Show all posts
Showing posts with label Appeal. Show all posts

Friday, October 31, 2008

Greenwood, ARKANSAS

October 31, 2008 - Deanna Bobo, (age 38 at the time of her arrest), a special education teacher in Greenwood, Arkansas, was convicted and sentenced in 2006 to two six-year prison terms to run consecutively for having sex with a student. She has yet to serve a day while her case was being appealed.

Today she lost her second appeal. She was ordered to be taken into custody immediately.
TT entry for Bobo.

Thursday, September 25, 2008

Greenville, MISSISSIPPI

COURT DECISION - APPEAL DENIED

May 5, 2008 - The Mississippi Court of Appeals is scheduled this term to hear an appeal on May 20 from a former teacher who was convicted of sexual battery involving a 15-year-old student.

John Magyar of Leland, Miss., was sentenced to 20 years in prison after being convicted in Washington County in 2005. Prosecutors say Magyar was a teacher at Greenville Christian School when the crime occurred.
Full Name: John Anthony Magyar

APPEAL DENIED September 24, 2008 - The Appeals Court on Tuesday rejected Magyar's argument that he would not have pleaded guilty if he had known he would have to register as a sex offender. The court says Magyar's sentencing order included the registration requirement. (TT - He also claimed ineffective counsel, a claim that was rejected, as well as a claim that he was denied a right to confront witnesses.)
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TT - They don't link to it, but the case is JOHN ANTHONY MAGYAR APPELLANT v.
STATE OF MISSISSIPPI
- NO. 2007-CA-00740-COA

Sunday, August 17, 2008

Scottsdale, ARIZONA

Court to hear appeal of dismissal of charges.

August 16, 2008 - The Arizona Court of Appeals has agreed to hear arguments over a Maricopa County Superior Court judge’s decision to dismiss a sexual misconduct case against former Scottsdale Saguaro High School assistant football coach Tom Porras.

After Judge Helene Abrams ruled to dismiss a sexual misconduct case against Porras, the Maricopa County Attorney’s Office filed an appeal, and the appellate court is reviewing the case. It will begin hearing arguments Sept. 11.
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TT - Entry for Porras. Actually, the judge dismissed after she threw out his confession.

At a guess, the arguments will be heard in Division Two, but it doesn't show on the calendar at this time. Under a new law passed in 2007, a crime victim can ask the Court of Appeals to send him/her a copy of the court’s decision on the defendant’s appeal at the same time that copies are sent to the prosecutor and the defendant.

Clarksville, TENNESSEE

When you're facing 30 years in prison, there isn't much else to do. The agony for the victims and the families, however, must be awful.

August 16, 2008 - Ex-schoolbus driver Brian Lee Wrigglesworth, is asking for post-conviction relief. The motion will be heard by a judge on October 14.

Wrigglesworth pleaded guilty in 2006 to three counts of child rape and was sentenced to 30 years. He was originally charged in an 87-count indictment of raping three 6- and 7-year-old girls at Glenellen Elementary School between April and May 2004.

The news story states that he is ineligible for parole.

Wrigglesworth must serve all of his sentence. Not even the governor can reduce the sentence.
He will be 68 years old when released from prison if he serves his full sentence. And, even then, he will have to register as a sex offender.
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LEGAL NOTES: Post-conviction relief appeal is part of the appeals process in both non-capital and capital cases. From the Office of the Attorney General and Reporter of Tennessee, there is this explanation.
Within one year of the final order in a case, a defendant may file a petition for post-conviction relief in the county trial court of conviction. In this petition, a defendant is limited to raising only constitutional errors that occurred during his trial and/or sentencing hearing. Post-conviction petitions are handled, at the trial court level, by the local district attorney general's office.

If post-conviction relief is denied, a defendant may appeal that denial to the Court of Criminal Appeals. Just as in direct appeal cases, if the defendant loses in the Court of Criminal Appeals, he may seek permission to appeal to the Tennessee Supreme Court. Review is granted or denied at the discretion of the Supreme Court, in both capital and non-capital cases.
IN ONLINE ARCHIVES: In September 2006, Wrigglesworth alleged that attorney never wanted to try the case and in this June 5, 2007 story, he wanted to change his plea:
A judge decided a convicted child rapist can not change his guilty plea. Attorneys for former school bus driver Brian Wrigglesworth filed a motion asking if he could change his guilty plea to not guilty. A judge denied the request and ordered Wrigglesworth to finish out his 30-year sentence behind bars. He struck a deal after being charged with raping students on his bus.